2020 NOV 11 PM 4:34 ORDER NO. 14 BY THE COUNTY JUDGE OF … · 2020. 11. 11. · Page 1 of 18 ORDER NO. 14 BY THE COUNTY JUDGE OF EL PASO COUNTY, TEXAS . STAY AT HOME/WORK SAFE ORDER

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ORDER NO. 14

BY THE COUNTY JUDGE OF EL PASO COUNTY, TEXAS

STAY AT HOME/WORK SAFE ORDER

DATE ORDER ISSUED: NOVEMBER 11, 2020

WHEREAS, in December 2019, a novel coronavirus now designated SARS-CoV-2 which

causes the disease COVID-19 was identified; and

WHEREAS, symptoms of COVID-19 include fever, cough, and shortness of breath, and

can range from very mild (including some with no reported symptoms) to severe, including illness

resulting in death; and

WHEREAS, on March 11, 2020, the World Health Organization characterized COVID-

19 as a pandemic; and

WHEREAS, on March 13, 2020, the Governor of the State of Texas declared a state of

disaster, the President of the United States of America declared a national emergency and the El

Paso County Judge issued a Declaration of Local Disaster for Public Health Emergency pursuant

to Texas Government Code Section 418.108; and

WHEREAS, the City of El Paso Department of Public Health Authority has issued various

COVID-19 Prevention Orders in an effort to mitigate and slow down the spread of disease in El

Paso County; and

WHEREAS, on March 16, 2020, President Donald Trump acknowledged the gravity of

the COVID-19 pandemic, releasing strict new guidelines to limit people’s interactions, including

that Americans should avoid groups of more than 10 people, and;

WHEREAS, on March 16, 2020, Governor Greg Abbott and El Paso County Judge

Ricardo A. Samaniego each issued declarations of disaster pursuant to Chapter 418, Texas

Government Code, in order to respond to the COVID-19 pandemic; and

WHEREAS, on March 19, 2020, the El Paso County Commissioners Court issued an

Emergency Order extending the County Judge’s state of disaster and instituting emergency

measures due to a public health emergency until terminated by order of the El Paso County

Commissioners Court; and

WHEREAS, the County Judge’s Emergency Order authorizes the Emergency

Management Director or designee to update, restrict, and promulgate regulations necessary to

comply with Federal, State and Local authorities’ guidance in relation to COVID-19; and

2020 NOV 11 PM 4:34

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WHEREAS, pursuant to Texas Government Code § 418.1015(a), the County Judge serves

as the Emergency Management Director for the County of El Paso (the “County”); and

WHEREAS, Texas Government Code, Chapter 418 authorizes the Emergency

Management Director to issue Orders, which are necessary for the protection of life and property

in the County; and

WHEREAS, in response to the COVID-19 public health emergency, on March 13, 2020

the County Judge issued Local Emergency Orders No.1, No. 2, No. 3, and No. 4; on March 17,

2020 Order No. 5; on March 21, 2020 Order No. 6; on March 24, 2020 Order No. 7; on March 30,

2020 the First Amendment to Order No. 7; on April 29, 2020 Order No. 8; on April 30, 2020 the

First Amendment to Order No. 8; on May 7, 2020 the Second Amendment to Order No. 8; on May

21, 2020 the Third Amendment to Order No. 8; on May 28, 2020 the Fourth Amendment to Order

No. 8; on June 12 Order No. 9; on June 18 the First Amendment to Order No. 9; on June 29, the

Second Amendment to Order No. 9; on June 29 Order No. 10; and on July 2 the Third Amendment

to Order No. 9 and; on September 21, 2020 Order No. 11; on October 13 the First Amendment to

Order No. 11, on October 16, 2020 the Second Amendment to Order No.11; on October 22, 2020

the Third Amendment to Order No. 11; on October 25, 2020 Order No. 12; on October 29, 2020

Order No. 13; and

WHEREAS, both the State of Texas and County of El Paso remain under a state of

disaster, but in the recent weeks, El Paso County is experiencing a dramatic increase in COVID-

19 cases, causing a crisis that requires additional consideration and response to stop the

catastrophic effects COVID-19 has in the community; and

WHEREAS, Section 418.1015(b) of the Texas Government Code authorizes the

Emergency Management Director to serve as the Governor’s designated agent in the

administration and supervision of certain duties under Chapter 418 of the Texas Government Code

and exercise the powers granted to the Governor on an appropriate local scale; and

WHEREAS, a County Judge, serving as the Governor’s designated agent in the

administration and supervision of certain duties during a state of emergency declared by the

Governor, may use state or federal resources without prior authorization from the division or the

state or federal agency having responsibility for those resources in accordance with Section

418.1015 of the Texas Government Code; and

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WHEREAS, under section 418.108 of the Texas Government Code, the County Judge, as

“presiding officer” of the County, is authorized to control ingress and egress from the disaster area

and control the movement of persons; and

WHEREAS, the positivity rate 7-day rolling average for COVID-19 on September 14,

2020 was 4.53% and began climbing from there. By October 1, 2020 was at 9.45%; on October

14, 2020, it was 11.75%; on October 25, 2020, it was at 17.25%; and on November 7, 2020, it

increased to 25.11%. This establishes a steady upward trend that equates to a nearly 554% increase

in positivity rate over roughly a two-month period; and

WHEREAS, as of November 10, 2020 there are 29,118 active COVID-19 cases in El Paso

County; and

WHEREAS, from October 10, 2020 to November 10, 2020 over 39,000 confirmed

positive COVID-19 cases and 99 deaths were reported; and

WHEREAS, on October 15, 2020 Governor Abbott, while in El Paso County when

COVID-19 positive cases were far lower than today, stated “local officials do have levels of

flexibility to make sure they are able to contain the spread of COVID-19”; and

WHEREAS, as of November 10, 2020, El Paso County had 7-day average of 168.6 cases

per 100,000 population; and

WHEREAS, as of November 10, 2020, the hospitalization rate as reported by the El Paso

City-County Public Health Authority is 51% and over the last month the hospitalization rate spiked

from 12% to 51% COVID-19 related hospitalizations; a 425% increase, which is having a

detrimental effect on El Paso’s health system; and

WHEREAS, as of November 10, 2020, the hospitalization rate of COVID-19 patients, as

reported by the El Paso City-County Public Health Authority, is more than triple the 15% capacity

that the Governor of Texas has identified as a critical metric which requires consideration of further

shutdowns and emergency action; and

WHEREAS, as of October 29, 2020, the capacity of all El Paso County area hospitals has

reached its limits; and

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WHEREAS, as October 29, 2020, all El Paso County area hospitals Intensive Care Units

have exceed capacity and hospitals are now forced to establish temporary alternate care sites and

airlift patients to other cities and have asked the Governor, through the Texas Department of

Emergency Management, for additional alternate care sites to be able to care for El Paso County

residents requiring hospitalizations; and

WHEREAS, on October 25, 2020 the El Paso’s Public Health Director, Angela Mora,

issued a stark warning that, “with the surge of hospitalizations, we need the public to understand

the strain our local health services and hospitals are going through” and “Moreover, with fewer

hospital beds available due to the spike in COVID-19 patients seeking medical attention, this could

adversely affect healthcare services for person with everyday non-COVID medical conditions and

medical emergencies such as heart attacks, strokes and vehicular accidents”; and

WHEREAS, on October 7, 2020, I requested from Governor Abbott an exemption from

further business openings, specifically to highlight that as a community comprised of 82.9%

Hispanic or Latino, El Paso is experiencing a disproportionate and devastating impact in COVID-

19 cases, hospitalizations and deaths; and

WHEREAS, as of November 10, 2020 according to the Texas Department of Health

Services data, Hispanics represent 39.6% of all COVID-19 positive cases in Texas and represent

54.9% of all COVID-19 fatalities in Texas; and

WHEREAS, the State of Texas has provided much needed emergency relief including

personnel, testing and equipment, yet despite the assistance El Paso will continue to experience

unprecedented hardship; and

WHEREAS, on October 22, 2020 , I notified Governor Abbott of the surge of COVID-19

cases and the strain on our hospital resources which I foreshadowed would necessitate further

action to stop the crisis in our community; and

WHEREAS, on November 6, 2020 , I wrote to Governor Abbott to propose an idea, as

described below, to adopt a health-based matrix that would help guide communities, such as ours,

that are experiencing COVID-19 surges and COVID-19 deaths; and

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WHEREAS, as County Judge, I understand the need to responsibly balance the economic

stability of the community with the public health of the community and, as such, have included

my proposal to the Governor in this Order, a Reopening Matrix that will allow for the reopening

of certain businesses as the healthcare community becomes less strained with COVID-19 cases

and deaths; and

WHEREAS, County law enforcement, at my urging have dramatically increased efforts

at enforcing the existing Stay Home, Work Safe Order; and

WHEREAS, despite efforts to encourage voluntary compliance, warnings, and

enforcement, El Paso County continues to experience a surge of cases; and

WHEREAS, the El Paso United COVID-19 Transition Taskforce, a taskforce made up of

healthcare community leadership has issued a plea that additional measures be taken to address

the state of hospitalizations that are far exceeding surge capacity despite the deployment of

resources from the State which will be exhausted and overwhelmed within days; and

WHEREAS, the El Paso United COVID- Transition Taskforce created a scorecard based

on five areas with over fifteen measures to monitor the status of the disease in our community and

El Paso County is at Stage 1 which is the worse stage that indicates that maximum protections

should be in place for the community; and

WHEREAS, despite the efforts by our community and its leadership and previous efforts

by the State, El Paso County is experiencing higher infectivity and expected increased deaths; and

WHEREAS, on November 1, 2020, the El Paso Pediatric Society issued a letter endorsing

restrictions on non-essential services until mitigation of COVID-19 is attained; and

WHEREAS, inn November, 2020, the El Paso County Medical Society also issued a letter

in support for a Stay at Home order to reduce the COVID-19 case trajectory; and

WHEREAS, as El Paso County’s positive COVID-19 cases are worse today than when

the first Stay at Home Order was issued; and

WHEREAS, El Paso County is overwhelmed with the excessive number of decedents,

funeral homes and hospitals are requiring state and federal assistance in order to handle the mass

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fatalities, and El Paso County is now utilizing multiple mobile morgues to handle the excessive

number of deceased people in El Paso County; and

WHEREAS, as County Judge I will direct County resources to enforce compliance with

this Order.

NOW THEREFORE, TO REDUCE THE SPREAD OF COVID-19 THROUGHOUT

El PASO COUNTY AND TO REDUCE THE INFECTION RATE OF THE PEOPLE

CONSIDERED AT RISK THAT WILL REQUIRE HOSPITILIZATION AND TO LIMIT

DEATH FROM COMPLICATIONS OF COVID-19, I, COUNTY JUDGE FOR EL PASO

COUNTY, TEXAS PURSUANT TO THE AUTHORITY VESTED BY TEXAS

GOVERNMENT CODE CHAPTER 418, HEREBY FIND AND ORDER:

SECTION 1. STAY AT HOME OR PLACE OF RESIDENCE

All individuals living within the County of El Paso are ordered to temporarily stay at home or at

their place of residence. Effective Thursday, November 12, 2020 at 12:00 AM MDT, unless

terminated or modified by a subsequent Order, the County Judge of El Paso County, Texas, deems

it in the public interest to issue this Order, and orders that all individuals currently living in El Paso

County, Texas to stay at home or at their place of residence except as allowed by this Order. Unless

terminated or modified by a subsequent Order, this Order shall expire on Tuesday, December 1,

2020 at 12:00 AM MDT, unless terminated, subject to being extended, modified, amended,

rescinded, or superseded by me, pursuant to applicable law. For the purposes of this Order,

residences include hotels, motels, shared rentals, and similar facilities. To the extent individuals

are using shared or outdoor spaces, they shall, to the greatest extent feasible, maintain social

distancing of at least six feet from any other person, consistent with the social distancing and face

covering requirements.

All persons may leave their residences to participate in Election Activities, which is deemed

an essential service, perform certain Essential Activities, to perform work or operate in an

Essential Business, Essential Governmental Functions, or in Critical Infrastructure, engage

in Essential Travel, Minimum Basic Operations, or operate or visit a Non-Essential Business

establishment, in accordance with the Reopening Matrix, all defined below.

SECTION 2. ELECTION ACTIVITIES ARE AN ESSENTIAL SERVICE AND NOT

AFFECTED BY THIS ORDER

i. Election activities shall be considered an essential function and under no circumstances

does this Order affect the voting or campaigning for candidates on the December 12,

2020 ballot.

ii. Election activities shall continue to follow Public Health Authority Orders and

Guidelines relating to election activities.

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iii. The public should be assured that election activities are safe and significant steps have

been taken to provide a sanitary environment as well as follow all appropriate social

distancing and face covering measures.

iv. ALL POLLING SITES SHALL REMAIN OPEN to continue election activities.

SECTION 3. STAY AT HOME OR PLACE OF RESIDENCE CURFEW

In addition to the MANDATE to STAY AT HOME OR PLACE OF RESIDENCE, a curfew

for all persons shall be imposed from 10:00 PM to 5:00 AM, unless that person is out on Essential

Travel, performing Essential Activities or going to work in an Essential Business, Government

Service or Critical Infrastructure, as defined in this Order.

SECTION 4. NON-ESSENTIAL BUSINESS AND OPERATIONS MUST CEASE

All businesses or operations with a facility in the County of El Paso, except Essential Businesses

as defined in this Order (“Non-Essential Business”), are required to cease all activities at facilities

located within the County except Minimum Basic Operations as defined in this Order. For clarity,

businesses may continue operations consisting exclusively of employees or contractors performing

activities at their own residences (i.e. working from home), or providing Retail to Go. All Non-

Essential Business establishments may reopen in accordance with the Reopening Matrix, as

defined in Section 8.

SECTION 5. PROHIBITED ACTIVITIES

All public or private gatherings of any number of people occurring outside a single household or

living unit are prohibited, except as otherwise provided in this Order. Nothing in this Order

prohibits the gathering of members of a household or living unit. Nursing homes, retirement and

long-term care facilities shall prohibit non-essential visitors from accessing their facilities unless

to provide critical assistance.

SECTION 6. TRAVEL

All travel, including but not limited to, travel on foot, bicycle, scooter, motorcycle, automobile, or

public transit, is prohibited, except for purposes of Essential Travel, performing Essential

Activities or going to work in an Essential Business, Government Service, or Critical

Infrastructure, as defined in this Order, or as otherwise provided in this Order. To the greatest

extent feasible, people riding on public transit shall comply with social distancing and face

covering requirements as defined in this Order and provided in CDC Guidelines. Notwithstanding

anything to the contrary, if someone in a household has tested positive for COVID-19, the

household is ordered to isolate at home. Members of the household cannot go to work, school, or

any other community function until cleared by a medical professional, but may seek medical

services as needed from medical personnel and facilities.

SECTION 7. DEFINITIONS AND EXEMPTIONS

a. Individuals experiencing homelessness. A person that is homeless is exempt from this Order,

however, such a person is strongly urged to obtain shelter.

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b. Essential Activities. For purposes of this Order, individuals may leave their residence only to

perform any of the following “Essential Activities.” People at high risk of severe illness from

COVID-19 and people who are sick are urged to stay in their residence to the extent possible

except as necessary to seek medical care.

i. For Health and Safety. To engage in activities or perform tasks essential to their health

and safety, or to the health and safety of their family or household members (for example,

obtaining medical supplies or medication, visiting a health care professional, or obtaining

supplies need to work from home).

ii. To Obtain Necessary Supplies and Services. To obtain necessary services or supplies

for themselves and their family or household members, or to deliver those services or

supplies to others (for example, food, pet supply, and any other household consumer

products), and products necessary to maintain the safety, sanitation, and essential operation

of residences.

iii. For Outdoor Activity. To engage in outdoor activity such as visiting open parks

provided the individuals comply with Social Distancing Requirements (for example,

walking, biking, hiking, fishing or running). Individuals may go to public parks and open

outdoor recreation areas.

a. County Facilities. All County owned facilities, parks, and recreational areas shall

close for the duration of this Order. Hiking, biking, walking and fishing shall be

allowed, but all social distancing measures to include the use of face coverings shall

be followed and will be enforced. This shall include the closure of County owned

golf courses, handball courts, basketball courts, tennis courts, and pools. All

tournaments and special events shall be cancelled and prohibited during this period.

iv. For Certain Types of Work. To perform work providing essential products and

services at an Essential Business or to otherwise carry out activities specifically permitted

in this Order.

v. To Take Care of Others. To care for a family member or pet in another household or to care for a friend, child, the elderly, sick or dying.

vi. To Seek Safe Residence. Individuals whose residences are unsafe or become unsafe,

such as victims of domestic violence, are permitted and urged to leave their homes and stay

at a safe alternative home or residence.

vii. Religious services including those conducted in churches, congregations, and houses

of worship; however, given the critical condition of the community battling COVID-19 it

is STRONGLY ENCOURAGED THAT SERVICES BE PROVIDED REMOTELY.

c. Essential Critical Infrastructure. Work necessary to the operations and maintenance

of the critical infrastructure sectors as identified by the National Cybersecurity and

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Infrastructure Agency (CISA) including public works construction, residential and

commercial construction, airport operations, water, sewer, gas, electrical, oil refining,

roads and highways, public transportation, solid waste collection and removal, internet,

and telecommunications systems (including the provision of essential global, national, and

local infrastructure for computing services, business infrastructure, communications, and

web-based services), financial institutions, defense and national security-related

operations, essential manufacturing operations provided that they carry out those services

or that work in compliance with social distancing requirements of six feet, to the extent

possible. Essential Businesses providing essential critical infrastructure shall implement

screening precautions to protect employees and all activity shall be performed in

compliance with social distancing guidelines.

d. Essential Government Functions. All services provided by local governments needed

to ensure the continuing operation of the government agencies to provide for the health,

safety and welfare of the public. Further, nothing in this Order shall prohibit any individual

from performing or accessing “Essential Government Functions.” Each government body

shall determine its Essential Government Functions and identify employees and/or

contractors necessary to the performance of those functions. All Essential Government

Functions shall be performed in compliance with social distancing requirements of six feet,

to the extent possible.

i. County Essential Government Functions. All County elected officials are strongly encouraged to allow their employees to work from home when possible.

e. Businesses Covered by this Order. For the purposes of this Order, covered businesses

include any for-profit, non-profit, or educational entities, regardless of the nature of the

service, the function they perform, or its corporate or entity structure.

f. Essential Business. For clarity, any Essential Business may implement and enforce

stricter measures than those provided in this Order, in an effort to curtail the spread

of COVID-19. As an example, this order may have no occupancy limits for Essential

Business, but an Essential Business may choose to implement an occupancy limit to

curtail the spread of COVID-19.

For purposes of this Order, Essential Business shall be defined as the following:

i. Healthcare Operations. Healthcare operations, including hospitals, clinics, dentists, pharmacies, pharmaceutical and biotechnology companies, other

healthcare facilities, healthcare suppliers, mental health providers, substance

abuse service providers, blood banks, medical research, laboratory services, or

any related and/or ancillary healthcare services. Home-based and residential-

based care for seniors, adults, or children are also considered healthcare

operations. Healthcare operations also includes veterinary care and all health

and welfare services provided to animals. This exemption shall be viewed

broadly to avoid any impacts to the delivery of healthcare. This includes all

ancillary workers necessary for the delivery of healthcare services. Healthcare

operations DO NOT include fitness and exercise gyms and similar facilities.

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ii. Essential Retail.

Individuals that choose to leave their homes for essential services SHALL limit

their visit to one member of the household, unless serving as a caregiver.

1. Food service providers, including grocery stores, warehouse stores, big-box stores, bodegas, liquor stores, gas stations and convenience stores.

Food cultivation, including farming, fishing, and livestock.

2. Businesses that ship or deliver groceries, food, goods or services directly to residences.

3. Restaurants and other facilities that prepare and serve food, but only for delivery or curbside service, in-person dining is prohibited under

this Order. For clarity, restaurants and other facilities that prepare and

serve food may offer in-person dining and reopen in accordance with

the Reopening Matrix, as defined in Section 8

4. Schools and other entities that typically provide free services to students or members of the public on a pick-up and take-away basis only.

5. The restriction of delivery or carry out does not apply to cafes and restaurants located within hospital and medical facilities.

6. Laundromats, dry cleaners, and laundry service providers.

7. Automobile dealerships, auto manufacturing and assembly, auto-supply, auto and bicycle repair, hardware stores, and related facilities.

8. Businesses that supply products needed for people to work from home.

9. This exemption DOES NOT apply to outdoor food stalls or other goods sold in an outdoor market, including but not limited to farmers’ markets

and swap meets.

10. Retail to Go. Retail services that may be provided through pick-up, delivery by mail, or delivery to the customer’s doorstep. All social

distancing and Face Covering Requirements shall be followed.

iii. Providers of Basic Necessities to Economically Disadvantaged Populations.

Businesses that provide food, shelter, and social services, and other necessities of

life for economically disadvantaged or otherwise needy individuals.

iv. Essential Services Necessary to Maintain Essential Operations of

Residences or Other Essential Businesses. Trash and recycling collection,

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processing and disposal, building cleaning, maintenance and security,

warehouse/distribution and fulfillment, and storage for essential businesses.

Plumbers, electricians, exterminators, and other service providers who provide

services that are necessary to maintaining the safety, sanitation, and essential

operations of residences and Essential Businesses.

v. Professional Services, such as legal or accounting services, when necessary to

assist in compliance with legally mandated activities.

vi. Businesses that supply other essential businesses with support or supplies

needed to operate.

vi. Petroleum Refineries

vii. Media. Newspapers, television, radio, and other media services. Members of

the media shall follow all social distancing and face covering requirements.

viii. Financial Institutions. Banks and related financial institutions, consumer

lenders, sales and finance lenders, credit unions, appraisers, and title companies.

ix. Mail and Delivery Services. Businesses providing mailing and shipping

servings, including post office boxes.

x. Educational Institutions. Educational institutions- including public and private

K-12 schools, colleges, trade schools, and universities-for purposes of facilitating

both distance and onsite learning or performing essential functions, provided that

social distancing and face covering requirements are followed; however, given the

critical condition of the community battling COVID-19 it is STRONGLY

ENCOURAGED THAT EDUCATIONAL SERVICES BE PROVIDED

REMOTELY OR SUSPENDED UNTIL SUCH TIME IT IS SAFE TO

RESUME IN PERSON INSTRUCTION. FURTHERMORE, IT IS

STRONGLY RECOMMENDED AND ENCOURAGED THAT FOR THE

SAFETY OF OUR COMMUNITY THAT SCHOOL DISTRICTS SUSPEND

ALL EXTRACURRICULAR ACTIVITIES, TO INCLUDE SPORT

ACTIVITIES, THROUGHOUT THE DURATION OF THIS ORDER.

xi. Supplies for Essential Businesses, Critical Infrastructure and Essential

Government Functions. Businesses that supply other Essential Businesses,

Critical Infrastructure, and Essential Government Functions with the support or

supplies necessary to operate; including but not limited to computers, audio and

video electronics, hardware, paint, electrical and plumbing material. Sanitary

equipment, medical equipment and supplies, and food and beverages. This includes

businesses and manufacturers that retool so that a substantial part of their business

is for the purpose of manufacturing and producing ventilators.

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xii. Food Delivery Services. Businesses that ship or deliver groceries, food, goods

or services directly to residences or stores that sell groceries or other essential

supplies.

xiii. Transportation. Taxis, trains, and other private transportation providers (such

as Uber and Lyft) that provide transportation services necessary for the

performance of Essential Activities, Essential Businesses, Critical Infrastructure,

Essential Government Functions, and Essential Travel. This includes transportation

maintenance services such as mechanics necessary to keep transportation services

operational.

xiv. Home-Based Care and Services. Home-based care for the sick or dying,

seniors, adults, or children, including caregivers who may travel to provide support

and/or care.

xvi. Residential Facilities and Shelters. Residential facilities and shelters for

seniors, adults, children, including but not limited to homeless shelters, centers

against family violence, and transitional housing.

xvii. Information Technology Services. IT and IT services and their essential

services vendors, including the provision of essential global, national, and local

infrastructure for computing services, business infrastructure, communications,

web-based services, and critical manufacturing. This includes stores primarily

engaged in repairing computers, electronics and cell phones.

xviii. Childcare Facilities. Childcare facilities providing services that enable

employees exempted in this Order to work as permitted. To the extent possible,

childcare facilities must operate under the following mandatory conditions:

1. Childcare must be carried out in stable groups of 10 of fewer (“stable”

means that the same 10 or fewer children are in the same group each day).

2. Children shall not change from one group to another, unless there is a

closure of a childcare facility that requires a child to be placed in a new

childcare facility. Children coming from facilities that may have closed

shall be grouped together in one group, when possible.

3. If more than one group of children is cared for at one facility, each group

shall be in a separate room. Groups shall not mix with each other.

4. Childcare providers shall remain solely with one group of children.

xix. Animal Shelters and other Business that Maintain Live Animals. Business

that maintain and care for live animals are not permitted to allow any visitors or

patrons, but may continue to operate to the extent necessary to provide for the

animals. Nothing in this Section shall prohibit a non-employee from entering the

premises to perform an Essential Health Care Services or another Essential

Business Service.

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xx. Vector and Pest Control. Establishments primarily engaged in exterminating

and controlling birds, mosquitos, rodents, termites, wasps, and other insects and

pests.

xxi. Funeral and Post-Mortem Services: Workers performing mortuary services,

including funeral homes, crematoriums, and cemetery workers. Workers who

coordinate with other organizations to ensure the proper recovery, handling,

identification, transportation, tracking, storage, and disposal of human remains and

personal effects; certify cause of death; and facilitate access to behavioral health

services to family members, responders, and survivors of an incident. Given the

state of an overwhelming surge on fatalities funeral homes may continue to operate,

but may only allow up to 10 people, excluding staff, in their buildings at a time. A

funeral home may opt to further limit occupancy within its establishment, at its

discretion.

g. Minimum Basic Operations. As noted above, all Non-Essential Business

establishments are required to cease all activities at facilities located within the County,

except for Minimum Basic Operations and Retail to Go, as defined in this Order. For the

purposes of this Order, “Minimum Basic Operations” include the following, provided that

employees comply with all Social Distancing and Face Covering Requirements:

i. The minimum necessary activities to maintain the value of the business’s

inventory, preserve the condition of business’s physical plant and equipment,

ensure security, process payroll and employee benefits, or for related functions; or

ii. The minimum necessary activities to facilitate employees of the business being

able to continue to work remotely from their residences.

All Non-Essential Business establishments may reopen in accordance with the Reopening

Matrix, as defined in Section 8.

For clarity, any Non-Essential Business may implement and enforce stricter measures

than those provided in this Order, in an effort to curtail the spread of COVID-19. As

an example, this order may allow for a reopening of a Non-Essential Business, under

the Reopening Matrix in Section 8, but a Non-Essential Business may choose to

continue to restrict in-person services or may implement a stricter occupancy limit to

curtail the spread of COVID-19.

h. Essential Travel. For the purposes of this Order, “Essential Travel” includes travel for

any of the following purposes. Individuals engaged in any Essential Travel must comply

with all Social Distancing and Face Covering Requirements as defined in this Order.

i. Any travel related to the provision of or access to Election Activities, Essential

Activities, Essential Governmental Functions, Essential Businesses, Critical

Infrastructure, or Minimum Basic Operations;

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ii. Travel to care for or transport the elderly, minors, dependents, persons with

disabilities, or other vulnerable persons, pets, or livestock;

iii. Travel to or from educational institutions for purposes of receiving materials for

distance learning, for receiving meals, and any other related services;

iv. Travel to return to a place of residence from outside the jurisdiction;

v. Travel required by law enforcement or court order, including an administrative

court order;

vi. Travel by church staff/clergy for the purpose of providing religious services and

other ministries requiring travel;

vii. Travel required for non-residents to return to their place of residence outside

the County.

viii. Travel engaged in interstate commerce and otherwise subject to the provisions

of the Commerce Clause of the United States Constitution.

ix. Travel to operate or visit a Non-Essential Business establishment, in accordance

with the Reopening Matrix in Section 8.

i. Social Distancing Requirements. For purposes of this Order Social Distancing Requirements include maintain at least six-foot social distancing from other

individuals, washing hands with soap and water for at least twenty seconds as

frequently as possible or using hand sanitizer with at least 60% alcohol, covering

coughs or sneezes (into the sleeve or elbow, not hands), regularly cleaning high-touch

surfaces, and not shaking hands.

j. Face Covering Requirement. Because an infected person can transmit the COVID-19 virus to others before showing any symptoms, the covering of a person’s nose and

mouth is necessary to help slow the spread of the virus. Therefore, every person in El

Paso shall wear some form of face covering over their nose and mouth, such as a

homemade mask, scarf, bandana, or handkerchief, when inside a commercial entity or

other building or space open to the public, or when in an outdoor public space,

whenever it is not feasible to maintain six feet of social distancing from another person

not in the same household; provided, however, that this face covering requirement does

not apply to the following:

i. Any person younger than 2 years of age (Note, parents and guardians of children over the age of 2 and under the age of 10 are responsible for appropriately making

their children wear a face covering as required herein);

ii. Any person with a medical condition or disability that prevents wearing a face covering;

iii. Any person while the person is consuming food or drink; iv. Any person while the person is (a) exercising or engaging in physical activity

outdoors, indoors, individually or in a group and (b) maintaining a safe distance

from other people not in the same household;

v. Any person while the person is driving alone or with passengers who are part of the same household as the driver;

vi. Any person obtaining a service that requires temporary removal of the face covering for security surveillance, screening, or a need for specific access to the

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face, such as while visiting a bank or while obtaining a personal care service

involving the face, but only to the extent necessary for the temporary removal;

vii. Any person while the person is in a swimming pool, lake, or similar body of water; viii. Any person who is voting, assisting a voter, serving as a poll watcher, or actively

administering an election, but wearing a face covering is strongly encouraged;

ix. Any person who is actively providing or obtaining access to religious worship, but wearing a face covering is strongly encouraged;

x. Any person while the person is giving a speech for a broadcast or to an audience.

Not excepted from this face-covering requirement is any person attending a protest or

demonstration involving more than 10 people and who is not practicing safe social

distancing of six feet from other people not in the same household.

Wearing a face covering is not a substitute for maintaining 6-feet social distancing and hand-washing,

as these remain important steps to slowing the spread of the virus.

It is strongly recommended that you not obtain or wear medical grade masks or N-95 respirators as

they are a needed resource for healthcare providers and first responders.

Violation of Face Covering Requirement. Following a verbal or written warning for a first-time

violator of this face-covering requirement, a person’s second violation shall be punishable by a

fine not to exceed $250. Each subsequent violation shall be punishable by a fine not to exceed

$250 per violation.

SECTION 8. REOPENING MATRIX

All Non-Essential Business establishments may reopen as the number of COVID- 19 hospitalized

patients as a percentage of total hospital capacity decreases, in accordance with the table below,

and based on the El Paso Department of Health reports, as published on

http://epstrong.org/results.php. At the time of this Order, El Paso County is has had seven or more

consecutive days in which the number of COVID- 19 hospitalized patients as a percentage of total

hospital capacity exceeds 15 percent. Non-Essential Business establishments may increase

capacity according to the levels indicated below, until such time as El Paso County has seven

consecutive days in which the number of COVID- 19 hospitalized patients as a percentage of total

hospital capacity decreases, as indicated below. The office of the County Judge will announce and

communicate to the media and the public when El Paso County has reached a level of

hospitalization rate in which occupancy limits for Non-Essential Business establishments may

increase. The occupancy limits on Non-Essential Business establishments shall be applied as

follows:

Level Hospitalization

Rate

Number of COVID- 19

hospitalized patients as a

percentage of total hospital

capacity (7 consecutive

days)

Occupancy limit for Non-

Essential Business

Establishments

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3 Between 15.1% - 24.9% 50%

2 25% to 29.9% 25%

1 30% and above 0%, except that Non-Essential

Business establishment may

conduct Minimum Basic

Operations, and offer curbside,

pick-up, and Retail To-Go

SECTION 9. LABORATORY CONFIRMED COVID-19 TEST RESULTS

An individual that receives a positive COVID-19 test result but that has not yet been contacted by

the City’s Department of Public Health within 24 hours of receiving the laboratory results, must

isolate, and those from within their household must quarantine, and report to (915) 212-6520

within 24 hours of receiving the positive test result. Healthcare workers and first responders should

follow the current Department of Public Health’s Guidelines for Healthcare Workers and First

Responders, as published on epstrong.org.

FAILURE TO REPORT. Individuals who fail to report or participate in contact tracing efforts

shall be subject to the Enforcement provision of this Order.

SECTION 10. HEALTH AND SAFETY POLICY BUSINESSES. All businesses in El Paso

County shall develop and implement a health and safety policy (“Health and Safety Policy”).

The Health and Safety Policy shall require, at a minimum, the following:

a. All businesses (this shall include all offices and departments for the County of El

Paso) must require employees, including volunteers, to have a face covering when

either in an area or performing an activity which will necessarily involve close

contact or proximity to co-workers or the public, where six (6) feet of separation

from other individuals not in the same household is not feasible, and to the extent

allowed by law;

b. All businesses must require that all visitors, to include contractors and vendors,

wear face coverings while on the business’s premises. Visitors subject to an

exception listed in Section 4 are not subject to this provision;

c. All businesses must maintain and provide face coverings for visitors;

d. All businesses must post the Health and Safety Policy required by this Order in a

conspicuous location sufficient to provide notice to employees, volunteers and

visitors; and

e. The Health and Safety Policy required to be developed and implemented by this

Order may also include other mitigating measures designed to control and reduce

the transmission of COVID-19 such as temperature checks and health screenings.

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For the purposes of this Order, covered businesses include any for-profit, non-profit, or educational

entities, regardless of the nature of the service, the function they perform, or its corporate or entity

structure.

For clarity, any covered business may implement and enforce stricter measures than those

provided in this Order, in an effort to curtail the spread of COVID-19. As an example, this

Section provides for the minimum requirements for a health and safety policy, but a covered

business may provide for stricter requirements.

Violation For Failure to Implement Health and Safety Policy. Failure to develop and

implement the Health and Safety Policy required by this Order by the Effective Date may result in

a fine not to exceed $500 for each violation.

SECTION 11. ESSENTIAL SERVICES EXEMPTED. Notwithstanding the above restriction,

this Order is not intended to apply to any business operations delivering essential services.

Essential Services means services, by whomsoever rendered, and whether rendered to the

government or to any other person, the interruption of which would endanger life, health or

personal safety of the whole or part of the population.

SECTION 12. TERM. This Order shall be effective on Thursday, November 12, 2020 at 12:00

AM MDT, and shall expire on Tuesday, December 1, 2020 at 12:00 AM MDT, unless

terminated, subject to being extended, modified, amended, rescinded, or superseded by me

pursuant to applicable law..

SECTION 13. ORDER POSTING. The County of El Paso must promptly provide copies of this

Order by posting on the El Paso County website. In addition, the owner, manager, or operator of

any facility that is likely to be impacted by this Order is strongly encouraged to post a copy of this

Order onsite and to provide a copy to any member of the public asking for a copy.

SECTION 14. ENFORCEMENT

Pursuant to Texas Government Code Section 418.173(b), it is an offense for an individual to

violate a condition or restriction of any Order issued by the El Paso County Judge during the public

health crisis/disaster. Unless an alternate penalty is described within a specific Section of this

Order No. 14, said offense shall be a Class C Misdemeanor punishable by a fine not to exceed

$500.

Any peace officer, including, but not limited to, officers of the El Paso County Sheriff’s Office,

the El Paso Police Department, County of El Paso Constables, and the Fire Marshal’s Office, is

hereby authorized to enforce the provisions of this Order in accordance with the authority granted

under Chapter 418 of the Texas Government Code. To the extent allowed by law, this order may

be enforced by any code enforcement officers, code compliance officers, or other similar

designation, in the same manner that municipal codes and ordinances are enforced.

SECTION 15. APPLICATION. This Order of the County Judge applies to all incorporated and

unincorporated areas of El Paso County. This includes the Village of Vinton, City of San Elizario,

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City of Socorro, Town of Horizon City, Town of Clint, Town of Anthony, and City of El Paso. To

the extent of conflict between the El Paso County Judge and mayor of any city within the

geographic boundaries of El Paso County, the decisions set forth in this Order prevail to fullest

extent allowed by law pursuant to Texas Government Code Section 418.108.

SECTION 16. POSTING OF THIS ORDER

The County will post this Order. In addition, the owner, manager, or operator of any facility that

is likely to be impacted by this shall post a copy of this Order onsite and to provide a copy to any

member of the public asking for a copy.

SECTION 17. PRIOR ORDERS

This Order is issued in accordance with and incorporates by reference declarations, ordinances,

findings, and recitals set out in the preamble to this Order. Unless specifically referenced in this

Order No. 14, all prior County Judge Orders and relevant amendments shall stand superseded. To

the extent that there is a conflict between this Order and any executive order of the Governor, the

strictest order shall prevail.

SECTION 18. SAVINGS CLAUSE. If any subsection, sentence, clause, phrase, or word of this

Order or any application of it to any person, structure, gathering, or circumstance is held to be

invalid or unconstitutional by a decision of a court of competent jurisdiction, then such decision

will not affect the validity of the remaining portions or applications of this Order.

SECTION 19. This order supersedes all previous orders on this matter that are in conflict or

inconsistent with its terms, and this order shall remain in effect until the state of local disaster is

terminated, subject to being extended, modified, amended, rescinded, or superseded by me.

ORDERED this the 11th day of November, 2020, in El Paso County, Texas.

_______________________

Ricardo A. Samaniego

El Paso County Judge

Documents

2020 NOV 11 PM 4:34 ORDER NO. 14 BY THE COUNTY JUDGE OF … · 2020. 11. 11. · Page 1 of 18 ORDER NO. 14 BY THE COUNTY JUDGE OF EL PASO COUNTY, TEXAS . STAY AT HOME/WORK SAFE ORDER